State v. Bohne

OPINION

BENCH, Judge:

4 1 Appellant Larry G. Bohne appeals from a conviction of contracting without a license, a class A misdemeanor, in violation of Utah Code Ann. § 58-55-501 (1997). We affirm.

BACKGROUND

12 Appellant builds and sells modular homes. Appellant is not a licensed contractor, and does not use licensed subcontractors, such as electricians or plumbers, in constructing the modular homes. The modular homes are inspected, however, by a state-licensed inspector to insure compliance with the general uniform building codes. -

T3 Appellant generally sells the modular homes assembled as a single unit, and transports them from his manufacturing facility to installation sites by using a "low-boy" trailer. Appellant never performs any site work, such as excavation, laying a foundation, or installing utilities, nor does he actually install or attach the modular buildings to a foundation. The buyers of the homes bear all responsibility for site work and installation of the modular buildings.

T4 On December 9, 1997, the State of Utah filed an Information against Appellant alleging multiple counts of contracting without a license, a class A misdemeanor, in violation of Utah Code Ann. § 58-55-501 (1997). Following a bench trial on one count, the trial court entered a judgment of guilty, sentenced Appellant to a six-month term of incarceration, and imposed a one-thousand dollar fine. The trial court stayed execution of the sentence and placed Appellant on twelve months bench probation, which prohibited Appellant from constructing modular homes without first obtaining a license from the Utah Department of Professional Licensing. This appeal followed.

ISSUES AND STANDARD OF REVIEW

15 First, we must determine whether the Construction Trades Licensing Act (Act) requires Appellant to obtain a license and whether Appellant qualifies for a licensing exemption under the Act. Second, we must determine whether Appellant's compliance with the Uniform Building Standards Act exeuses any noncompliance with the Construction Trades Licensing Act. The issues involve statutory interpretation, which we review for correctness. See State v. Fizel, 945 P.2d 149, 151 (Utah Ct.App.1997).

ANALYSIS

116 We begin our analysis by determining whether the Construction Trades Licensing Act requires Appellant to obtain a *516license prior to constructing off-site modular homes. The Act requires:

Any person engaged in the construction trades licensed under this chapter, or as a contractor regulated under this chapter, shall become licensed under this chapter before engaging in that trade or contracting activity in this state unless specifically exempted from licensure under Section 58-55-305.

Utah Code Ann. § 58-55-801(1)(a) (1997). Appellant asserts that his manufacturing of modular homes is not a construction trade, and thus he is not required to be licensed under the Act. The term "construction trade" is defined by the Act as follows:

"Construction trade" means any trade or occupation involving construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property.

Utah Code Ann. § 58-55-102(5) (1997).

[3, 41 17 In construing these statutes, we follow the rules of statutory construction:

A fundamental rule of statutory construction is that statutes are to be construed according to their plain language. Only if the language of a statute is ambiguous do we resort to other modes of construction. Furthermore, unambiguous language may not be interpreted to contradict its plain meaning. A corollary of this rule is that "a statutory term should be interpreted and applied according to its usually accepted meaning, where the ordinary meaning of the term results in an application that is neither unreasonably confused, inoperable, nor in blatant contradiction of the express purpose of the statute."

O'Keefe v. Utah State Retirement Bd., 956 P.2d 279, 281 (Utah 1998) (citations omitted). We find the language of section 58-55-102(5) to be unambiguous. Thus, we rely only upon the plain meaning of the statutory language, and do not resort to any other mode of construction.

18 The relevant section of the Act provides that the phrase " '[eclonstruction trade' means any trade or occupation involving construction ... of any building." Utah Code Ann. § 58-55-102(5) (1997). Although determining what constitutes a building is a question of degree, to conclude that the modular home at issue is not a building would contradict the plain meaning of the word. See John Wagner Assocs. v. Hercules, Inc., 797 P.2d 1128, 1128 (Utah Ct.App.1990). The modular unit is a completed home meant for human occupancy. Specifically, it comes complete with the following: assembled floor decking, exterior and interior walls, trusses, roof decking, rough electrical wiring, rough plumbing (including sinks, bathtubs, showers, and kitchen appliances), rough mechanical systems, shingles, insulation, sheet rock, cabinets, interior and exterior painting, interior doors, finishing electrical, finishing plumbing, finishing mechanical equipment, and finishing exterior siding.

T9 In fact, Appellant concedes that he constructs buildings, and this concession is consistent with case law. In Hercules, we held that the plain meaning of the word "building," as used in Utah's Payment Bond Statute, includes modular office complexes. See id. at 1128-29. We follow Hercules to the extent that the plain meaning of the word "building," as used in the Act, includes the modular home at issue in this case. See id. at 1128-29. We conclude that because Appellant constructs buildings, he is involved in a "construction trade" and must be licensed under the Act. See Utah Code Ann. §§ 58-55-102(5), -801(1)(a) (1997).

§10 Appellant next argues the trial court erred in not finding him exempt from the licensing requirement of the Act. See id. Specifically, Appellant asserts that he is exempt from the Act's licensing requirement by virtue of Utah Code Ann. § 58-55-305(6) (1997). However, the licensing exemption in section 58-55-805(6) applies only to "the sale or merchandising of personal property." Id. There is no dispute that in addition to selling and merchandising modular homes, Appellant also constructs them. No language in section 58-55-305(6) exempts the construction of buildings from the licensing requirement. See id. Our reading of section 58-55-305(6) is in harmony with Utah Code Ann. *517§ 58-55-305(4) (1997), which clearly provides a limited Heensing exemption for property owners' personal construction of noncommercial, personal-use buildings. Appellant's construction of modular homes does not fall within the plain meaning of "sale or merchandising"; therefore, the licensing exemption in section 58-55-305(6) does not apply.

T11 Finally, Appellant contends that his compliance with the Uniform Building Standards Act exeuses any noncompliance with the Construction Trades Licensing Act. We disagree. The legislative purposes for enacting the Construction Trades Licensing Act and the Uniform Building Standards Act are complementary. The legislative purpose for the Construction Trades Licensing Act is to protect the public from "inept and financially irresponsible builders." American Rural Cellular v. Systems Comm. Corp., 890 P.2d 1035, 1040 (Utah Ct.App.1995). The legislative purpose for the Uniform Building Standards Act is to "ensure decent housing." Wade v. Jobe, 818 P.2d 1006, 1010 (Utah 1991). Both acts protect the public, but while one act deals with the provider, the other act deals with the product. The Construction Trades Licensing Act also covers financial responsibility of builders-an area of protection not covered by the Uniform Building Standards Act.

{12 Both acts therefore work together in protecting the public. Just because a contractor is licensed under the Construction Trades Licensing Act, the contractor's work is not exempt from compliance with the applicable building codes. The same logic applies in reverse. Compliance with the applicable building codes is required but does not exempt noncompliance with the Construction Trades Licensing Act. Thus, we conclude that a modular home builder must comply with both the Construction Trades Licensing Act and the Uniform Building Standards Act.

CONCLUSION

{13 Appellant's construction of modular homes constitutes a construction trade that requires him to be licensed. Appellant does not qualify for an exemption from the licensing requirement. Appellant's compliance with the Uniform Building Standards Act does not excuse his noncompliance with the Construction Trades Licensing Act.

1] 14 Accordingly, we affirm.

15 I CONCUR: JAMES Z. DAVIS, Judge.